U.S. District Court, Central District of California Judge Grants the Proponents & Campaign Committee for Measure B, the condoms in porn measure voted into law in November in & Los Angeles County, ‘Leave to Intervene’ to defend the law from the porn industry’s lawsuit to overturn it

On January 10th, Vivid Entertainment became a lead porn industry plaintiff in First Amendment lawsuit seeking to overturn Los Angeles County Ballot Measure B, the condoms in porn measure voted into law in November

LOS ANGELES (April 16, 2013)—Today, a U.S. District Court, Central District of California judge granted the Measure B Proponents and Campaign Committee Yes on B, (Major Funding by the AIDS Healthcare Foundation) “Leave to Intervene” to defend the law created by Measure B from the porn industry’s lawsuit to overturn it.

Measure B is the Los Angeles “condoms in porn” measure voted into law last November, requiring condoms to be used on all adult film sets in Los Angeles County. On January 10, 2013, the adult film industry sued to block implementation of Measure B the County of Los Angeles Safer Sex in the Adult Film Industry Act, which Los Angeles County voters passed with an overwhelming margin of voter support—57% to 43%—in the November election.

The lawsuit—Case No. CV-13-00190 DDP (AGI)—was filed with Steve Hirsch’s Vivid Entertainment and Califa Productions as lead plaintiffs, and named County of Los Angeles, Dr. Jonathan Fielding, Director of the Los Angeles County Department of Public Health and County District Attorney Jackie Lacey as Defendants and seeks to block the law primarily on First Amendment challenges.

In today’s ruling, the Court found that the Proponents & Campaign Committee Yes on B met all four criteria for a “Leave to Intervene”, which are outlined as follows: “To intervene as of right under Rule 24(a)(2), the movant must demonstrate that: ‘(1) it has a significant protectable interest relating to the property or transaction that is the subject of the action; (2) the disposition of the action may, as a practical matter, impair or impede the applicant’s ability to protect its interest; (3) the application is timely; and (4) the existing parties may not adequately represent the applicant’s interest.’”

“We are pleased that the Court has ruled in the proponents favor, recognizing that the proponents–who represent the 57% of County voters who voted for Measure B—have a significant interest in seeing this law defended. Once again the porn industry has been on the losing end of this important public health issue,” said Michael Weinstein, president of AIDS Healthcare Foundation (AHF) and one of the five named proponents of the ballot initiative. “We hope the porn industry is getting the message: We are going to continue to fight for the safety of the workers in adult films in California and elsewhere.”